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HomeMy WebLinkAboutBOARD MINUTES 03-19-20 ,d59CENTRAL SAN CENTRAL •NTRA COSTA SANITARY DISTRICT 5019 • MINUTES* BOARD OF DIRECTORS: MICHAEL R.MCGILL President REGULAR BOARD MEETING TAD J PILECKI Board Room President Pro Tent Thursday, March 19, 2020 PAULH.CAUSE Y 1:30 p.m. MES A.NEJEDL Y DAV D R.WILLIAMS Open Session — Board Room (Video recorded) NOTICE a. In accordance with Governor Gavin Newsom's Executive Order N-25-20, some Board Members participated in this meeting via teleconference. ROLL CALL A regular meeting of the Board of Directors was called to order by President McGill at 1:30 p.m. Secretary of the District Katie Young called roll. PRESENT: Members: Causey(via teleconference), Nejedly, Pilecki, Williams, McGill(via teleconference) ABSENT.- Members: None PLEDGE OF ALLEGIANCE The Board, staff and audience joined in the Pledge of Allegiance. Member Pilecki suggested postponing several non-urgent issues on the agenda. BOARD ACTION: Motion was made by Member Pilecki and seconded by Member Pilecki to postpone Items 1, 2, and 10. Motion passed by the unanimous roll-call vote. RETIREMENTS 1. Upcoming retirements BOARD ACTION: This item was postponed to a future meeting. These summary minutes are supplemented by a corresponding video recording available on the District's website at centralsan.org. Book 68— Page 42 CENTRAL CONTRA COSTA SANITARY DISTRICT March 19, 2020 Board Meeting Minutes—Book 68-Page 43 PUBLIC COMMENT PERIOD No comments. REQUESTS TO CONSIDER MATTERS OUT OF ORDER None. AWARDS AND PRESENTATIONS 2. Recognize the 2019 Safety Suggestion of the Year Award recipient Chad Jaschek in the Operations Department, Plant Maintenance Division, for his suggestion to install steel chains to hold the lid open on the roof of the 9000 Structure Building BOARD ACTION: This item was postponed to a future meeting. CONSENT CALENDAR 3. Approve the following: a. March 2, 2020 Special Board meeting minutes b. March 5, 2020 Regular Board meeting minutes 4. Set public hearing for April 16, 2020 at 1:30 p.m. to conduct the approved Sewer Service Charge (SSC) rates for fiscal year(FY) 2020-21 5. Adopt Resolution No. 2020-010 accepting an offer of dedication of sanitary sewer easements in San Ramon as depicted on Subdivision Maps 9443, 9455 and 9457, related to Job 6613 6. Adopt Resolution No. 2020-011 accepting an offer of dedication of sanitary sewer easements in Danville as depicted on Minor Subdivision Map 851-15 and Subdivision Map 9437, related to Jobs 6614 and 6673 BOARD ACTION: Motion was made by Member Causey and seconded by Member Pilecki to adopt the Consent Calendar as recommended. Motion passed by the unanimous roll-call vote. OTHER BOARD ACTION ITEMS 7. Ratify General Manager's Proclamation of Local Emergency arising out of COVID-19 Pandemic General Manager Roger S. Bailey explained Resolution No. 2020-014, which he executed on Friday, March 13, 2020, regarding the issuance of the Proclamation of CENTRAL CONTRA COSTA SANITARY DISTRICT March 19, 2020 Board Meeting Minutes-Book 68-Page 44 Local Emergency arising out of the COVID-19 pandemic. He requested the Board ratify the resolution. BOARD ACTION: Motion was made by Member Pilecki and seconded by Member Williams to adopt Resolution 2020-014, in effect ratifying the General Manager's prior action on March 13, 2020 in issuing a Proclamation of Local Emergency arising out of the COVID-19 pandemic. Motion passed by unanimous roll-call vote. 8. Update on Central San's response and action plan regarding Coronavirus (COVID- 19) pandemic situation Communications and Intergovernmental Relations Manager Emily Barnett reviewed the presentation distributed prior to the meeting. There was a discussion on the difference between essential and non-essential employees. Water and wastewater utility services were identified on Contra Costa County's essential services list. In response to a question from Member Nejedly, Human Resources Manager Teji O'Malley stated that all employees over age 65, eight in total, were sent home Monday, March 16 pursuant to the Governor's shelter-in-place order. Risk Management Administrator Shari Deutsch discussed the District's pandemic action plan regarding COVID-19 and reminded the Board that the plan is a working document that is continuously updated. Member Causey thanked staff for all their hard work and for keeping employees and the Board Members so well informed. Chris Carpenter, representing the Management Support/Confidential Group (MS/CG), stated that employees appreciated the Board action taken on March 17, 2020 at the emergency meeting. He said employees are concerned about the amount of staff still working on site and emphasized the need for adherence to the social distancing declaration. Keeping employees safe is paramount. He supported teleworking wherever possible and requested the Board keep this in mind as decisions are made going forward. Employee Rick Hernandez thanked the Board for the leadership it has shown. Notwithstanding the action plan being developed, he expressed concern about employee safety, his frustration with the decisions that are being made, and his opinion that the District was not prepared. He said employees are scared for their health and need to be trusted to do what is needed to continue providing essential services. He opined that employees are not being treated fairly, and everyone should be supportive at this time. He requested only truly essential employees necessary to maintain and operate the treatment plant and collection remain on site, and that teamwork needs to happen in order to protect employees. CENTRAL CONTRA COSTA SANITARY DISTRICT March 19, 2020 Board Meeting Minutes—Book 68-Page 45 In response to a comment made by Mr. Hernandez, Mr. Bailey said neither he nor anyone on the dais has had any discussion regarding potential layoffs. Winston Ingram, President of Local One, stated that he believes the Board and staff have been working very hard to understand the situation but he is frustrated with the amount of staff remaining on site. As the virus is becoming more widespread, he said employees are worried about exposure to themselves and their families. Member Pilecki said he understands employee concerns and asked Mr. Ingram what he is requesting of the Board. Mr. Ingram said there are too many employees physically on site at the District. The numbers should be reduced to only those mission critical employees necessary to run operations, and more employees should be set up to telework from their homes. Mr. Hernandez echoed Mr. Ingram's comments, adding that it is safest to utilize only mission critical employees for the time being and send everyone else home, either to telework or, where that is not possible, to be put on administrative leave. The situation can be reassessed in three weeks. Mr. Bailey requested that the Board approve the action plan. President McGill agreed with minimizing the number of employees on campus, adding that he trusted the General Manager to determine those employees. Mr. Bailey stated that he understands and values employee concerns. He also stated that the District is not behind other agencies in its response to COVID-19. Ms. Barnett added that she has been in communication with other agencies and has been able to provide and share resources regarding action plans. Member Pilecki recognized the concerns of the employees but also expressed concern about operating with minimal staff, given the predictions that the current situation could go on for many months. He believes the General Manager has the flexibility to make those decisions. He cautioned employees to remember that, during an emergency, they are disaster relief workers and it is the District's job to protect the public health and environment. Member Pilecki noted that the Board Members and General Manager have had numerous discussions regarding this issue, and said management has done a good job protecting the employees. Member Causey agreed with Member Pilecki. While operating system maintenance issues must be addressed, thought needs to be given to both short-term and long- term responses to this pandemic. Everyone must work together. BOARD ACTION: Motion was made by Member Pilecki and seconded by Member Nejedly to approve the action plan, subject to the General Manager continuing to review and work with staff to ensure maximum protection to staff while not losing sight of the District's responsibility to ratepayers to protect public health and the environment. Motion passed by unanimous roll- call vote. CENTRAL CONTRA COSTA SANITARY DISTRICT March 99, 2020 Board Meeting Minutes—Book 68-Page 46 9. Authorize the General Manager to establish an Electronic Payment Acceptance Account (EPAA) to receive customer payments electronically on a pilot basis for the duration of the Coronavirus (COVID-19) pandemic situation BOARD ACTION: Motion was made by Member Causey and seconded by Member Pilecki to authorize the General Manager to receive customer payments electronically on a pilot basis for the duration of the Coronavirus (COVID-19) pandemic situation. Motion passed by unanimous roll-call vote. 10. Adopt Resolution of Application No. 2020-012 to initiate Contra Costa County Local Agency Formation Commission (LAFCO) boundary reorganization proceedings for District Annexation 186, including the finding that the Board has reviewed and considered the Environmental Impact Report (EIR) for Magee Preserve and agrees with the findings of the Town of Danville (the Lead Agency) pertaining to a Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program to annex one annexation area in Danville to Central San and/or East Bay Municipal Utility District BOARD ACTION: This item was postponed to a future meeting. 11. Adopt Resolution No. 2020-013 establishing a new two-year pilot Septic-to-Sewer (S2S) Financing Program effective July 1, 2020 to encourage property owners to abandon their septic tanks and connect to the sewer system to protect public health and the environment Member Causey requested this item be postponed to a future meeting. BOARD ACTION: Motion was made by Member Causey and seconded by Member Pilecki to postpone this item to a future meeting. Motion passed by unanimous roll-call vote. REPORTS AND ANNOUNCEMENTS 12. General Manager—Announcements a. Announcements— March 19, 2020 1) Public bidding for Plant Control System l/O Replacement Project (Phase 2), Secondary Process, District Project 7339E 2) Public bidding for Martinez Sewer Renovations (Phase 6), District Project 8458 3) Central San Academy Spring 2020 Session Postponed 4) Update on Contra Costa Local Area Formation Commission (LAFCO) election to Fill Special District Representative Seat for Four-Year Term CENTRAL CONTRA COSTA SANITARY DISTRICT March 19, 2020 Board Meeting Minutes—Book 68-Page 47 Mr. Bailey made the following announcement at the meeting. 5) Mr. Bailey assured employees that he has heard and understood their concerns about the COV1D-19 pandemic and he intends to remain flexible in evaluating how to proceed. Member Pilecki inquired about the bid timing for the Plant Control 1/0 Replacement (Phase 2), District Project 7339B, and whether staff could delay the process because it would require a large amount of contractor staff on site, working in close proximity with employees. Mr. Bailey said he would discuss the matter with staff. In response to employee comments made earlier in the meeting, Member Nejedly expressed that it was disheartening to hear that Mr. Bailey does not appear to be concerned about District employees. He said everyone is doing the best they can to cope with the COVID-19 pandemic. He supported Mr. Bailey and his dedication, not only to Central San, but to its employees. BOARD ACTION: Received the announcements. 13. Counsel for the District District Counsel Kent Alm stated that he has been communicating with staff regarding modifying construction bid contract language in order to not delay moving forward with the bid process to 1) extend the time in which to award the contracts, and 2) address COVID-19, where the District may not be able to move forward. Mr. Alm also announced that a closed session would be held for Items 18 and 19. 14. Secretary of the District Ms. Young announced the following upcoming meetings: Finance Committee on Tuesday, March 24 at 2:00 p.m. Board of Directors on April 2 at 1:30 p.m. 15. Board Members — Committee Minutes a. March 3, 2020 —Administration Committee — Chair Williams and President McGill b. March 9, 2020 — Real Estate, Environmental & Planning Committee — Chair Pilecki and President McGill BOARD ACTION: Received the Committee minutes. CENTRAL CONTRA COSTA SANITARY DISTRICT March 19, 2020 Board Meeting Minutes—Book 68-Page 48 16. Board Members - Reports and Announcements Board Member reports on recent meetings or conferences for which they received the stipend or for which the District paid their expenses. a. Member Causer • March 5, 2020 —Contra Costa County Mayors' Conference hosted by the Town of Danville Member Nejedly — No report. Member Pilecki — No report. Member Williams— No report. President McGill • March 5, 2020 —Contra Costa County Mayors' Conference hosted by the Town of Danville President McGill provided the Board with a written report. BOARD ACTION: Received the reports and announcements. 17. Board Members - Requests for Stipend/Reimbursement or Conference Attendance Authorization to receive a stipend for meeting attendance or expense reimbursement not specifically addressed in the current Board Compensation Resolution, or authorization for conference attendance not previously approved by the Board. No requests. EMERGENCY SITUATIONS REQUIRING BOARD ACTION None. REQUESTS FOR FUTURE AGENDA ITEMS None. ANNOUNCE CLOSED SESSION [pursuant to Government Code Section 54957.7} Mr. Alm announced the closed session items under Item 13 above. RECESS TO CLOSED SESSION The Board recessed at 3:14 p.m. to reconvene in closed session in the Caucus Room. CENTRAL CONTRA COSTA SANITARY DISTRICT March 19, 2020 Board Meeting Minutes—Book 68-Page 49 Closed Session — Caucus Room (Not video recorded) CLOSED SESSION 18. Conference with labor negotiators pursuant to Government Code Section 54957.6 to discuss Coronavirus (COVID-19) pandemic District Negotiators: • Roger S. Bailey, General Manager • Philip R. Leiber, Director of Finance and Administration • Teji O'Malley, Human Resources Manager Employee Organizations: • Employees' Association Public Employees Union, Local One • Management Support/Confidential Group (MS/CG) • Management Group 19. Conference with Legal Counsel — existing litigation pursuant to Government Code Section 54956.9(d)(1): • Kappel v. Central Contra Costa Sanitary District, et al., Contra Costa County Superior Case No. C19-01012 RECESS TO OPEN SESSION The Board recessed at 4:24 p.m. to reconvene in open session in the Board Room. REPORT OUT OF CLOSED SESSION Mr. Alm reported that no reportable action was taken. ADJOURNMENT The meeting was adjourned at 4:25 p.m. Wichael R. McGill, P.E. President of the Board of Directors Central Contra Costa Sanitary District County of Contra Costa, State of California CENTRAL CONTRA COSTA SANITARYDISTRICT March 19, 2020 Board Meeting Minutes-Book 68-Page 50 COUNTERSIGNED: Katie Young Secretary of the Ir4) Central Contra Costa Sanitary District County of Contra Costa, State of California